Article 2 - Mandatory Time for Service of Summons

California Code of Civil Procedure — §§ 583.210-583.250

Sections (5)

Amended by Stats. 2005, Ch. 300, Sec. 4. Effective January 1, 2006.

(a)The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.

(b)Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant.

§ 583.220

Added by Stats. 1984, Ch. 1705, Sec. 5.

The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a general appearance in the action:

(a)A stipulation pursuant to Section 583.230 extending the time within which service must be made.

(b)A motion to dismiss made pursuant to this chapter, whether joined with a motion to quash service or a motion to

set aside a default judgment, or otherwise.

(c)An extension of time to plead after a motion to dismiss made pursuant to this chapter.

§ 583.230

Added by Stats. 1984, Ch. 1705, Sec. 5.

The parties may extend the time within which service must be made pursuant to this article by the following means:

(a)By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal.

(b)By oral agreement made in open court, if entered in the minutes of the court or a transcript is made.

§ 583.240

Added by Stats. 1984, Ch. 1705, Sec. 5.

In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed:

(a)The defendant was not amenable to the process of the court.

(b)The prosecution of the action or proceedings in the action was stayed and the stay affected service.

(c)The validity of service was the subject of litigation by the parties.

(d)Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff’s control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff’s control for the purpose of this subdivision.

§ 583.250

Added by Stats. 1984, Ch. 1705, Sec. 5.

(a)If service is not made in an action within the time prescribed in this article:

(1)The action shall not be further prosecuted and no further proceedings shall be held in the action.

(2)The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties.

(b)The requirements of this article are mandatory and are not subject to

extension, excuse, or exception except as expressly provided by statute.